North Whitehall Township
City Zoning Code
City Zoning Code
ARTICLE VIII
General Regulations
§ 440-77 Frontage onto improved street; number of uses or buildings; minimum size of dwellings.
A.
Frontage required onto improved street.
(1)
Every principal building shall be built upon a lot with permanent access upon a public street or a private street that is a) improved to meet Township standards including a street right-of-way, or b) for which such improvements have been insured by the posting of a performance guarantee pursuant to Chapter 375, Subdivision and Land Development. In the case of townhouses or low-rise apartments, each unit may have access onto a parking court, which then has access onto a private street meeting Township standards.
(3)
If a preexisting lawful lot only has access onto an existing private street that does not meet Township standards and the improvement of that street is reasonably beyond the control of the applicant, the lot may be used for a single permitted by right use, but no new lots shall be created that will not be able to meet this requirement.
B.
More than one principal use on a lot. A maximum of one type of principal use is permitted per lot, except:
(1)
As is permitted within a shopping center;
(2)
Nonresidential properties otherwise in conformity with this chapter and compatible with existing surrounding properties, causing no detriment or safety concerns;
(3)
If special exception approval is granted for two or more principal uses on a lot within a commercial or industrial district; or
(4)
If specifically stated as permitted by a provision of this chapter.
C.
Multiple buildings on a lot. An approved commercial, institutional, industrial or low-rise apartment lot may include more than one principal building. Sufficient setback and access shall be provided between such buildings to provide adequate access by emergency vehicles, ladders and personnel. Individual buildings or portions of such buildings may be held in approved condominium ownership, but the lot shall be owned by a single legal entity.
D.
Minimum size of dwellings. Each dwelling unit shall include a minimum of 500 square feet of habitable, indoor, heated floor area.
§ 440-78 Height exceptions; airport approaches.
A.
Height exceptions. The maximum structure height specified for each district shall not apply to farm silos and associated agricultural structures, communications towers, standard antenna, water towers, clock or bell towers, steeples of places of worship, electrical transmission lines, elevator shafts, windmills, chimneys or other appurtenances usually required to be and customarily placed above the roof level and not intended for human occupancy.
B.
Height and airport approaches. At a minimum, any structure proposed to have a height of 75 feet or more above average surrounding ground level shall present sufficient information to the Zoning Officer to prove that the structure would comply with all applicable federal, state and Township requirements regarding airport approaches and warning lights. See Township Code Chapter 130, Airport Zoning, which limits heights of structures and objects in airport approaches.
§ 440-79 Special lot and yard requirements, sight distance and buffer yards.
A.
In general.
(1)
No lot, structure or use shall be created or developed in such a way that it would result in another lot, building or use not being able to meet the requirements of this chapter. This includes, but is not limited to, setback areas, nonimpervious areas and off-street parking areas.
(2)
Emergency access. All uses and structures shall have adequate provisions for access by emergency vehicles and ladders. See driveway slope provisions in Article V.
(4)
Accuracy. The applicant is responsible to make sure that all measurements submitted to the Township are accurate.
B.
Exceptions to minimum lot areas, lot widths and yards.
(2)
Through lots. Any lot having frontage on two approximately parallel streets (not including an alley) shall provide a required front yard setback abutting each of those streets. However, if one of the front yards that would normally be required on a through lot is not in keeping with the prevailing yard pattern, the Zoning Officer may reduce the yard requirement abutting that street to a width equal to the approximate average of the prevailing yards on adjacent and nearby lots.
(3)
Corner lots. For a corner lot, the side yard abutting a public street shall be equal to the minimum front yard setback. However, if a lot abuts three streets, then yards equal to the minimum front yard shall be required abutting two streets, and a yard equal to one-half of the front yard shall be provided abutting the third street. Under no circumstances shall the front yard setback be less than the front yard setback for other structures fronting on the same public or private street.
(4)
Triangular lots. A three-sided lot shall include one front lot line, one rear lot line and one side lot line.
(5)
Projections into required yards.
(a)
Cornices, eaves, sills or other similar architectural features, exterior stairways, fire escapes or other required means of egress, rain leads, chimneys, "Bilko"-type doors for basement access, window awnings, chaise for heating pipes or other similar structures that do not include space usable by persons may extend or project into a required yard not more than three feet, except as may be required within a drainage or utility easement.
(b)
Steps, stoops, fire escapes and landings necessary to provide entrance to a building may be located within a required setback area.
(c)
Wood decks. Wood decks that are not enclosed and are not covered by a permanent roof and that are attached to a dwelling may extend a maximum of 20 feet into a required rear yard setback. All decks must comply with the Township building codes.
(d)
No setback shall be required for a residential patio, provided all of the following conditions are met:
[1]
The patio is neither covered by a permanent roof nor enclosed by walls;
[2]
The patio is set back a minimum of five feet from any residential lot line other than a lot line along which dwellings are attached; and
[3]
The patio is not raised more than three feet above the ground level facing an adjacent dwelling.
(6)
Septic systems. Nothing in this chapter shall prevent the Township Sewage Enforcement Officer from requiring a minimum lot area larger than what is stated in this chapter to carry out state and Township sewage regulations.
(7)
Previously approved setbacks. Where a subdivision or land development was granted final approval prior to the adoption of this chapter, and the lawful setbacks in effect at such time are shown on subdivision plans that were granted final approval by the Board of Supervisors, then at the option of the developer those approved setbacks may apply in place of any revised setbacks in this chapter.[1]
[1]
Editor's Note: Original Sec. 803.B.8, listing nonconforming lots, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I) as it duplicated § 440-79B(1).
(8)
Lot widths for lots along curves. See the provisions for the applicable district in Article III.
(9)
Waiver of setback for accessory structure. The Zoning Officer may permit a one-story structure with a total floor area of less than 300 square feet that is accessory to a permitted dwelling unit to be placed a minimum of two feet along a side lot line that does not abut a street if all owners of record of property along such side lot line provide a written signed notarized statement stating that they have no objection to such reduced setback.
(10)
Flag lots. A flag lot may be created if all of the following requirements are met:
(a)
The lot shall meet the minimum lot width at the proposed front yard building setback line, instead of the minimum building setback line. The minimum front yard shall be measured at a point where the lot significantly widens from the width of the pole portion of the lot. In any case, such proposed front yard building setback line shall not be greater than 300 feet (in all residential zones except 600 feet in a CR Zone) from the existing right-of-way of the public street.
(b)
In any subdivision, all lots other than an approved flag lot shall conform to all Township requirements, including complying with the minimum lot width at the minimum building setback line. The flag lot shall meet all Township requirements except for the lot width modification permitted by this section.
(c)
The flag lot shall have a minimum of 25 feet of pole width along a public street, measured at the street right-of-way line. The access strip shall be part of the same fee-simple lot as the remainder of the flag lot. All portions of the lot shall have an absolute minimum width of 25 feet and a maximum width of 40 feet.
(d)
The applicant shall submit a site plan showing that a permanent driveway will be developed that meets Township standards (including maximum slope), that will be accessible to emergency vehicles, and that connects the public street to the proposed building area.
[1]
One driveway shall be provided for each lot, unless shared or converged driveways are specifically approved as part of the subdivision approval.
[2]
Based upon sight distance issues and natural features of the tract, the Board of Supervisors may require a separate, shared, converged or partially converged driveway at the time of subdivision approval.
[3]
If a shared driveway is proposed, the applicant shall provide evidence that there will be an appropriate legally binding method to ensure proper maintenance of such driveway.
(e)
The flag lot shall only include one single-family detached dwelling and its permitted accessory uses.
(f)
Only one flag lot shall be created from any parent tract that existed at the time of adoption of this chapter. In order to create a flag lot, the parent tract shall include a minimum of three acres before the flag lot is subdivided.
(g)
An absolute maximum of one tier of flag lots shall be created along any street.
(h)
No buildings shall be located in the pole portion of a flag lot. Any portion of the lot with a width of less than 50 feet shall not count towards the minimum lot area requirements of this chapter.
(i)
The Board of Supervisors, at the time of preliminary or final subdivision review or approval, may require that a fifty-foot width be established instead of the above twenty-five-foot width if the Board determines that it may be necessary in the future to provide for a future street because of the potential for future subdivision of the interior of the tract, or for other valid public safety reasons.
(11)
Permission of owner. Any principal use, accessory use, conditional use, special exception use or nonconforming use which is established, operated or conducted by any person other than the owner of the lot upon which such use is located, without express prior written permission, consent, authorization, lease, agreement or other written documentation from one (or more) of the holder(s) of the fee simple legal title to said lot; or in lieu of such documentation, without the lot being subject to a pending or final action, adjudication or decree, in the nature of a adverse possession, quiet title, or ejectment, as the case may be, which would grant or result in the same or similar rights; is hereby declared to be a violation of this chapter, illegal and a public nuisance.
C.
Sight distance at intersections.
(1)
Intent. To ensure that traffic passing through an intersection or turning onto a street can safely see oncoming traffic.
(2)
A triangular area as described in this section shall be graded and shall be kept free of new or expanded sight obstructions between a height of two and 10 feet, including structures, nontransparent fences, vegetation (including crops) and signs (but not including sign posts of less than one foot in width or the trunks of trees or mailboxes).
(3)
This sight clearance triangle shall be shown on development plans submitted to the Township and be shown on any plan required to be recorded. Such triangle shall serve as a permanent setback line for all such visual obstructions and shall be binding upon present and future owners of the land. Such triangle shall apply on all lots that are under the ownership of or the control of the applicant.
(4)
The minimum sight clearance triangle shall be as follows:
(a)
The two shorter legs of the triangle shall be measured from the intersecting point of the center lines of the street receiving the traffic and the entering street, accessway or driveway. The two shorter legs shall then be connected by a third leg to form the triangle.
(b)
The sight clearance triangle shall be established by a distance along the center line of the receiving street (established below) and a distance (measured along the center line of the entering street, accessway or driveway) 50 feet back from the edge of the existing legal right-of-way of the receiving street. The following distances shall be used along the center line of the receiving street in each direction from the intersection to establish the sight clearance triangle:
(5)
These sight clearance requirements shall apply to all intersections involving a public street and another street, accessway or driveway.
(6)
A sight clearance triangle shall be applied for each direction of approach to an intersection.
D.
Buffer yards. Buffer yards and screening complying with the following standards shall be required under the following situations:
(1)
Buffer yard width, when required. Buffer yards with evergreen screening shall be required in the following situations, with whichever is most restrictive applying.
Buffer Yard to be Provided by the Following: | When the Use Providing the Screening and Buffer Is: | Minimum Width of Buffer Yard (feet) |
|---|---|---|
Along side* and rear lot lines of any newly developed or expanded industrial use or industrial storage or loading area or area routinely used for the keeping of 3 or more: tractor trailers or trucks with refrigeration systems operating overnight | Abutting or across the street from a lot within a residential district or within 250 feet of a primarily residential use or primary or secondary school | 1.50 |
Along side* and rear lot lines of any newly developed or expanded commercial use or institutional use | Abutting or across the street from a lot within a residential district or within 250 feet of a primarily residential use or primary or secondary school | 2.30 |
Surrounding any newly developed or expanded industrial outdoor storage area or area routinely used for the keeping of three or more tractor trailers | Abutting and visible from the existing right-of-way of an expressway, arterial or collector street | 3.20 |
Along side* and rear lot lines of 10 or more parking spaces | Visible from and within 100 feet of a primarily residential use | 4.10 |
Along the side* and rear lot lines of lots in the CR, AR, AR-I and AR-L Districts | Abutting the existing right-of-way of public roads existing at the time of adoption of the North Whitehall Zoning Ordinance (this chapter) in 2002 | 5.20 |
All other situations where this chapter requires a buffer yard (other than rows 1 through 5 above) | Along the side and rear lot lines that abut a lot within a residential district or is within 250 feet of a primarily residential use or primary or secondary school, unless otherwise stated | 6.20, unless otherwise stated |
NOTE: | |
|---|---|
* | Along a corner lot, a buffer yard shall be required abutting the less heavily traveled street. |
(2)
Location of buffer yards.
(a)
The buffer yard shall be measured from the district boundary line, future street right-of-way line or lot line, whichever is applicable.
(b)
Plants needed for the visual screen shall not be placed within a future or existing street right-of-way. The required buffer yard width shall be in addition to the required future street right-of-way.
(c)
The buffer yard may include areas within a required front, side or rear yard, or a paved area setback area provided the larger yard requirement shall apply in case of overlap. Subject to the provisions in § 440-79D(1), a buffer yard may include a drainage or utility easement.
(d)
A business use shall not be required to provide a buffer yard for an adjacent residential use or district if the uses/districts are separated by an expressway. However, outdoor storage or tractor trailer parking adjacent to an expressway shall still provide any required buffer yard and screening.
(3)
Characteristics of buffer yards.
(a)
The buffer yard shall be a landscaped area free of structures, dumpsters, commercial or industrial storage or display, manufacturing or processing activity, materials, loading and unloading areas or vehicle parking or display.
(b)
Maintenance. In buffer yards, all areas not covered by trees and shrubs shall be well-maintained in an all-season vegetative ground cover (such as grass) and shall be kept free of debris, noxious weeds, rubbish and grass higher than 12 inches.
(c)
Preservation of existing vegetation or slopes. If an applicant proves to the satisfaction of the Zoning Officer that an existing healthy tree line, attractive thick vegetation, natural earth berm and/or steep slopes will be preserved and serve the same buffer purposes as plant screening that would otherwise be required, then such preserved existing buffer shall be permitted to be used in place of planting new plants. In such case, the width of the buffer yard required by § 440-79D(1) shall still apply. If this existing buffer requirement is removed, the applicant shall be required to plant a buffer yard that will meet the planting requirements of this section.
(d)
Fence. Any fence in a buffer yard shall be placed on the inside of any required plant screening.
(4)
Plant screen.
(a)
Each buffer yard shall include a planting screen of trees or shrubs extending the full length of the lot line.
(b)
Each planting screen shall meet the following requirements:
[1]
Plant materials needed to form the visual screen shall have a minimum height when planted of four feet. In addition, an average of one shade or ornamental deciduous tree shall be placed for each 50 feet of length of the buffer yard. Such trees may be clustered or spaced unevenly.
[2]
Plants needed to form the visual screen shall be of such species, spacing and size as can reasonably be expected to produce within four years an 80% year-round visual screen at least six feet in height.
[3]
The plant screen shall be permanently maintained by present and future landowners. Any plants needed to form the visual screen that die or are removed shall be replaced within 180 days.
[4]
The plant screen shall be placed so that at maturity the plants will be at least five feet from any cartway and will not grow over an exterior lot line.
[5]
The plant visual screen shall be interrupted only at:
[6]
Evergreen trees likely to grow substantially in diameter should be planted in two or more rows or off-sets if needed to allow space for future growth.
[7]
Hardiness and quality. All required plant materials shall be hardy to the area (see Zone 5B of U.S. Department of Agriculture hardiness map). All required plant materials shall conform to the grading and harvesting standards as established by the American Association of Nurserymen, or its successor organization or similar published, generally accepted standards.
[8]
Size when planted. Shade or ornamental trees that are used to meet the requirements of this section shall have a minimum trunk diameter of 1 1/2 inches measured 4 1/2 feet above grade at the time of installation. All other required plant materials shall have a minimum height above grade at the time of installation of 24 inches. (Such minimum height at time of planting is recommended to be 48 inches for plant materials with a maturity height of seven or more feet.)
(5)
Buffer yard plans.
(a)
Prior to the issuance of a permit under this chapter where a buffer yard would be required, and on any required subdivision or land development plan, the applicant shall submit plans showing:
(b)
The Zoning Officer shall review such plans to determine that the plans are in conformance with the terms of this chapter.
(6)
Species of plants in visual screens.
(a)
Trees and shrubs needed to form a required visual screen shall be of the following or closely related species, unless the applicant proves to the satisfaction of the Board of Supervisors, Planning Commission or Zoning Officer that a substitution would be appropriate. A required visual screen shall primarily include evergreen plants. Leafy deciduous plants may be selectively used, provided that their use does not result in significant visual openings during the winter. If more than 25 plants are needed to form a visual screen, then a maximum of 50% of such plants shall be of one species.
[1]
Abies - all varieties of firs.
[2]
Buxus - all varieties of boxwood.
[3]
Caragana arborescens - Siberian pea shrub.
[4]
Chaenomeles Japonica - flowering quince.
[5]
Comus - all varieties of dogwood.
[6]
Cotoneaster divaricata - spreading or upright cotoneaster.
[7]
Crataegus crusgalli - cockspur thorn.
[8]
Crataegus phaenopyrum - Washington hawthorn.
[9]
Elaeagnus angustifolia - Russian olive.
[10]
Euonymus - all varieties of euonymus.
[11]
Forsythia spectablilis - showy forsythia.
[12]
Hamamelis - all varieties of witch hazel.
[13]
Hydrangea - all varieties of hydrangea.
[14]
Ilex - all varieties of holly.
[15]
Juniperus - all varieties of junipers.
[16]
Kalmia latifolia - mt. laurel.
[17]
Kolkwitzia amabilis - beauty bush.
[18]
Ligustrum - all varieties of privet.
[19]
Lonicera - all varieties of honeysuckle.
[20]
Magnolia - all varieties of magnolia.
[21]
Picea - all varieties of spruces.
[22]
Pinus - all varieties of pines.
[23]
Pseudotsuga Menziesii - Douglas fir.
[24]
Rhododendron Spp. - hardy varieties.
[25]
Spirea - all varieties of spirea.
[26]
Syringa - all varieties of lilac.
[27]
Taxus - all varieties of yews.
[28]
Thuja occidentalis - American arborvitae.
[29]
Tsuga - all varieties of hemlocks.
[30]
Viburnum - all varieties of viburnum.
(7)
Alternative buffer. In circumstances where the applicant proves that a) it is impractical to meet the buffer requirements of this section, b) alternative measures would be preferable and have the same effect, or c) the buffer would serve no valid public purpose, then by special exception the Zoning Hearing Board may approve acceptable alternative methods of providing a buffer provided that such alternative meets the objectives of this section. In such case, the Zoning Hearing Board shall consider the specific features of the site and the impacts of the proposed use.
(8)
Earth berms. If an earth berm is required by a provision of this chapter, it shall meet the following requirements:
(a)
The berm shall have a minimum average height of five feet above the average finished ground level (disregarding drainage channels) on the school or residential side of the berm.
(b)
Evergreen screening required in a buffer yard by § 440-79 shall be placed on the top or on the school/residential side of the berm.
(d)
Any chain-link fencing shall be provided on the business side of the berm.
(e)
The berm shall have a maximum side slope of three horizontal to one vertical.
(f)
The entire berm shall be covered by a well-maintained and attractive all-season vegetative ground cover.
(g)
The berm may be located within a required buffer yard.
§ 440-80 Landscaping.
A.
Ground cover. Any part of a commercial, industrial, institutional or garden apartment lot which is not used for structures, loading areas, parking spaces and aisles, sidewalks and designated storage areas shall be provided with an all-season, well-maintained vegetative ground cover, and shall be landscaped with trees and shrubs.
§ 440-81 Establishment of future/ultimate right-of-way widths for streets.
A.
Purpose. Minimum future/ultimate right-of-way widths are established for streets where the existing right-of-way is less than that indicated in this section for the particular classification of street. These future rights-of-way are designed to reserve adequate rights-of-way for future circulation improvements, including street widenings, intersection realignments and widenings, shoulders, bikeways and sidewalks, and to provide rights-of-way for needed public sewer and waterlines and other utilities and drainage improvements.
B.
Reservation of future/ultimate right-of-way.
(1)
Any lot proposed for a subdivision or land development shall show the dimensions of the future right-of-way provided for under this section. Such line or proposed line shall be noted on the plan.
(2)
Except as provided for in § 440-81F, an applicant is requested to dedicate such future right-of-way along a state road if PennDOT will accept it.
(3)
If such right-of-way would be along a state road and PennDOT will not accept it, or if such right-of-way would be along a Township road, then the applicant is requested to offer to dedicate the right-of-way to the Township. The Township may then donate such right-of-way to PennDOT in the future.
(4)
If the Township does not wish to accept right-of-way at the present time, the applicant is requested to provide a legal mechanism for the right-of-way to be dedicated by the present or future owner at such time as the Township or PennDOT may request dedication in writing.
(5)
Regardless of whether the future right-of-way is actually dedicated, the minimum yards shall be measured from the future right-of-way distance that would apply if the future right-of-way would be dedicated.
C.
Measurement.
(1)
The future right-of-way shall be measured with one-half on either side of the center line of the existing right-of-way. If the existing right-of-way is clearly significantly off-center of the cartway, the center line of the cartway shall be used.
(2)
The specific classification of each street is shown on the Township Official Street Classification Map, at the end of this document.[1] For new streets, see the definitions of "Streets" in Article II.
[1]
Editor's Note: A copy of the Street Classification Map is included as an attachment to this chapter.
D.
Minimum widths. The future rights-of-way widths specified in Chapter 375, Subdivision and Land Development, as amended, shall be shown along each existing street according to its classification. (As of 2002, such ordinance required a total of 100 feet for a major arterial street, 80 feet for a minor arterial street, 70 feet for a major or 60 feet for a minor collector street, and 50 feet for a local/marginal access/private street.)
E.
Maintenance. The owner of the adjacent property shall be responsible for maintenance of portions of the right-of-way not used as the vehicle cartway or shoulder.
F.
Right-of-way exceptions. Only the Board of Supervisors may approve a reduction in the minimum future right-of-way.
§ 440-82 Nonconformities.
A.
Proof and registration of nonconformities. It shall be the responsibility of, with the burden of proof upon, a party asserting a nonconformity to provide the evidence that it is lawful. A property owner may request a written statement of nonconformity from the Zoning Officer after providing sufficient evidence.
B.
Continuation. A lawful nonconforming use, structure or lot as defined by this chapter may be continued and may be sold and continued by new owners. Any expansion of, construction upon or change in use of a nonconformity shall only occur in conformance with this section.
C.
Expansion of or construction upon nonconformities.
(1)
Nonconforming structure.
(a)
The Zoning Officer shall permit a nonconforming structure to be reconstructed or expanded, provided:
[1]
That such action will not increase the severity or amount of the nonconformity (such as the area of the building extending into the required yard) or create any new nonconformity; and
[2]
That any expanded area will comply with the applicable setbacks in that district and other requirements of this chapter.
(b)
In the case of a nonconforming structure which is used by a nonconforming use, any expansion shall also meet the requirements of this section regarding nonconforming uses.
(c)
A second floor may be added directly above an existing first floor of a nonconforming structure, provided other requirements of this chapter are met.
(d)
Where a lot includes two or more principal buildings that existed prior to the adoption of this chapter, such lot may be subdivided into two lots without having to comply with minimum setbacks, maximum impervious coverage, maximum building coverage and minimum lot area requirements. However, any expansions or changes to the buildings shall not be permitted to create additional nonconformities or to increase the severity of a nonconformity. Such subdivision shall not by itself permit the construction of any new buildings on such lots. Each lot shall meet Township and state requirements for water and sewage service.
(2)
Nonconforming lots.
(a)
Permitted construction on a nonconforming lot. New permitted structures for a single permitted by right principal use and its customary accessory uses may be constructed, reconstructed or expanded on a nonconforming lot of record as a permitted by right use if all of the following requirements are met (NOTE: smaller lots shall require a variance):
[1]
The lot area is at least 30% of the minimum lot area.
[2]
The lot width at the minimum building setback line is at least 30% of the minimum lot width.
[3]
The lot is a lot of record that lawfully existed and was in single and separate ownership (as defined in Article II) prior to the adoption of this chapter or an applicable subsequent amendment.
[4]
Minimum setbacks and other requirements of this chapter are complied with for any new construction or expanded area.
[5]
If a new principal building will be served by an on-lot septic system, the nonconforming lot shall comply with all state septic regulations. If the nonconforming lot is not part of a Township-approved subdivision plan after 1981 with approved sewage testing shown on the plan, the owner shall also provide an approved alternative drainfield location.
(b)
Setback reduction. The Zoning Hearing Board may grant a special exception to reduce the required setbacks by up to 50% concerning construction on a nonconforming lot if the Board determines that such reduction would result in a building that would be more compatible with neighboring residences than would be built if the setback requirement was not reduced.
(c)
Merger of nonconforming lots in common ownership. Two nonconforming parcels which were in single and separate ownership on or before December 1, 1995, and where each have less than 50% of the minimum lot area required by this chapter* shall not be separately sold and shall be integrated into a single lot prior to being used for the construction of a new principal building(s).
* | Based upon the standards that would apply in that district if such lot had both public water and central sewage service. |
(d)
The Township may require a consolidation of deeds of two abutting parcels if the one parcel is necessary to meet the minimum principal structure setback requirements of the building on the abutting parcel.
(e)
Variance. If a proposed development on a nonconforming lot does not meet the requirements of the above Subsection C(2)(a) and (b), then development of the lot shall not occur unless a variance is granted by the Zoning Hearing Board. The standards provided for a variance in the Pennsylvania Municipalities Planning Code[1] shall be considered. In addition, the Zoning Hearing Board shall also review whether any alternative permitted uses could reasonably be made of the property that would less adversely impact upon the established character of an existing residential neighborhood than the proposed use.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(f)
Lot width. The fact that an existing lawful lot of record does not meet the minimum lot width requirements of this chapter shall not by itself cause such lot to be considered to be a nonconforming lot.
(g)
Future right-of-way. The dedication of additional right-of-way abutting an existing public street shall not by itself cause a lot or a structure to be considered nonconforming.
(3)
Expansion of a nonconforming nonresidential use. A nonconforming use or a building used by a nonconforming use shall not be expanded, except in accordance with the following provisions:
(a)
An expansion of more than 5% in total building floor area shall require special exception approval from the Zoning Hearing Board under § 440-26.
(b)
Such reconstruction or expansion shall be only upon the same lot that the nonconforming use was located upon at the time the use became nonconforming.
(c)
The 1) total building floor area used by a nonconforming use or 2) the total land area covered by the nonconforming use shall each not be increased by greater than 100% beyond what existed in the nonconforming use at the time the use first became nonconforming.
[1]
The above maximum increase shall be measured in aggregate over the entire life of the nonconformity. All expansions of the nonconforming use and/or building(s) that occurred since the use originally became nonconforming shall count towards the above maximum increase.
(d)
Any expansion of a nonconforming use shall meet the required setbacks and other requirements of this chapter, unless the Zoning Hearing Board grants a variance.
(4)
Expansion of a nonconforming residential use. An existing nonconforming residential use may be expanded in floor area as a permitted by right use, provided that:
(5)
Nonconforming sign. The provisions of this chapter shall not be interpreted to provide a right to expand or extend a nonconforming sign. Instead, any expansions or extensions of a nonconforming sign shall comply with this chapter.
D.
Damaged or destroyed nonconformities.
(1)
A nonconforming structure that has been destroyed or damaged equal to 50% or more of its total value by fire, windstorm, lightning or a similar cause deemed to be not the fault of the owner may rebuild in a nonconforming fashion only if a) the application for a building permit is submitted within 18 months after the date of damage or destruction, b) work begins in earnest within 12 months afterwards and continues, and c) no nonconformity may be created or increased by any reconstruction. Property shall be properly secured during such time in such a way to keep out trespassers and to avoid harm to neighboring properties.
(2)
Rebuilding of a damaged or destroyed nonconformity shall not begin until plans for rebuilding have been presented and approved by the Zoning Officer. Any change of one nonconforming use to another nonconforming use shall comply with the provisions of this section.
(3)
Nonconforming use of open land. All nonconforming off-premises signs, junkyards, outside storage areas and similar nonconforming uses of open land, when damaged to an extent of 50% or more of replacement cost, shall not be continued, repaired or reconstructed.
E.
Abandonment of a nonconformity.
(1)
If a nonconforming use of a building or land is discontinued, razed, removed or abandoned for 18 or more months, subsequent use of such building or land shall conform with the regulations of the district in which it is located, except:
(a)
As provided for in the "damaged or destroyed nonconformities" provisions of this section; and
(b)
If a nonconforming junkyard, off-premises sign or outside storage area is discontinued for at least 90 days, the use shall not be continued, repaired or reconstructed.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2)
The applicant shall be responsible to provide evidence that the nonconformity was not abandoned.
F.
Changes from one nonconforming use to another.
(1)
Once changed to a conforming use, a structure or land shall not revert to a nonconforming use.
(2)
A nonconforming use may be changed to a different nonconforming use only if permitted as a special exception by the Zoning Hearing Board. However, special exception approval is not needed for a simple change within an existing building from one lawful nonconforming retail store use to another retail store use or from one lawful nonconforming personal service use to another personal service use, provided that the new use complies with any Zoning Hearing Board conditions that applied to the previous use and is not more objectionable in external effects than the previous use.
(3)
Where special exception approval is required for a change of a nonconforming use, the Board shall determine whether the applicant has provided sufficient proof to show that the proposed new use will be equal or less objectionable in external effects than the preexisting nonconforming use with regard to:
(a)
Traffic safety and generation (especially truck traffic);
(b)
Noise, dust, fumes, vapors, gases, odor, glare, vibration, fire, hazardous substances, and explosive hazards;
(c)
Amount and character of outdoor storage;
(d)
Hours of operation if the use would be close to dwellings; and
(e)
Compatibility with the character of the surrounding area.
(4)
A nonconforming use shall not be changed to a nonconforming adult use.
G.
District changes. Any uses, structures or lots that become nonconforming because of a zoning district change shall be regulated under this section on nonconformities.
§ 440-84 Recreation land, open space and fees requirements.
See the requirements of Chapter 375, Subdivision and Land Development.
§ 440-85 Industrial and commercial driveways.
A private driveway or accessway serving a principal commercial or industrial use shall not be a permitted use in a residential district that does not permit such use. This restriction shall not apply to public streets or a driveway or accessway that will be clearly limited to use by only emergency vehicles.
§ 440-86 Street access; highway frontage development.
A.
Purposes. To encourage the sound development of highway frontage; to minimize traffic congestion and hazards; and, to maximize the efficient use of the limited capacity available along major roads.
B.
Each lot with less than 250 feet of frontage on an arterial street shall have not more than one access point involving left-hand turns onto each such street, and no lot with 250 feet or more feet of total frontage on an arterial street shall have more than two access points involving left-hand turns onto any such arterial street.
C.
Where practical, access to two or more nonresidential lots shall be combined and/or shared and/or coordinated to minimize the number of access points onto an arterial street. Shared parking lots, accessways and/or driveways connecting adjacent nonresidential lots shall be used to the maximum extent practical.
(1)
See § 440-59B, which permits possible reduction of parking requirements when shared parking is provided.
(2)
All uses shall be designed to maximize the safety and efficiency of ingress and egress to and from public streets, including maximizing the coordination of access between different existing, proposed and potential uses and lots. Direct vehicular access shall be avoided onto any collector or arterial street, and use of reverse frontage is strongly encouraged.
E.
Any new or expanded principal nonresidential use shall provide a physical separation between a street and all areas used for off-street parking, loading/unloading, and motor vehicle storage/movement. Such separation shall include a raised curb, planting strip, or other suitable barrier against unchanneled motor vehicle entrance or exit, except for necessary and approved defined vehicle entrance and exit points. Such separation shall be intended to prevent vehicles from being parked within the existing street right-of-way, except for lawful on-street parking spaces.
F.
All parking areas or lots (except parking for single-family detached or semidetached dwellings onto a local street) shall be designed to prevent vehicles from backing out on the street. The capacity of each parking area shall provide adequate storage area and distribution facilities upon the lot to prevent backup of vehicles on a public street while awaiting entry to the lot.
G.
Within any shopping center, office complex, or apartment development involving two or more buildings, all buildings shall front upon a marginal street, service road, common parking lot or common access drive, without separate vehicle access from each building onto a public street.
H.
For a nonresidential use, all points of vehicular traffic to and from an arterial or collector street shall be located not less than 200 feet from the point of intersection of any public street lines with each other, unless such a point of vehicular access would be lined up with a street entering on the other side of the arterial or collector street.
I.
Applicants/developers shall provide for adequate signalization, turn lanes and acceleration/deceleration lanes where necessary to properly manage the traffic entering or exiting the applicant's proposed development. Such improvements shall be designed based upon the maximum build-out of the applicant's land.
(1)
For any such improvements that are not currently warranted, the Board of Supervisors may require that the applicant provide security to ensure such improvements are installed when they are warranted. If such improvements are not warranted within a specified number of years, then the security shall be released to the applicant.
J.
All institutional uses upon a lot shall have direct access to a major arterial street.
§ 440-87 Posting of street address.
Every principal building shall post its street number in such a prominent place and of such size type that the number can be clearly viewed from a street. Reflective or lighted printing is recommended. See Chapter 293, Numbering of Buildings; Naming of Streets (Township Ordinance No. 1992-1), as amended or superseded.
§ 440-88 Traffic impact study.
See the provisions in Chapter 375, Subdivision and Land Development, as amended.
§ 440-89 Common open space; homeowners' associations; condominium ownership.
A.
Condominium ownership.
(1)
Purpose. To allow certain land uses to be developed with ownership of buildings or portions of buildings by individuals, while all or most of the land area is owned commonly and maintained by a homeowner's association.
(2)
All lot area, setback and other requirements of this chapter shall be able to be met by any use or lot. However, with the approval of the Board of Supervisors, the actual division of land into separate lots with separate ownership is not required. Instead, a condominium form of ownership may be permitted.
B.
Maintenance of commonly owned land. Any process of maintenance of commonly owned land shall generally follow the provisions of Section 705(f)(1) and (2) of the Pennsylvania Municipalities Planning Code.[1] Any condominium or homeowners' association agreement shall be reviewed by the Township Solicitor and require approval of the Board of Supervisors prior to recording of the deeds. Any such agreement shall be filed as part of the subdivision or land development plan.
[1]
Editor's Note: See 53 P.S. § 10705(f)(1) and (2).
C.
Methods of preserving common open space.
(1)
The method of ownership and preservation of any required open space shall be determined prior to preliminary subdivision or land development approval. The Township shall be given right of first refusal at the time of such review to accept proposed open space as public open space. Required open space shall be permanently preserved by one of the following methods:
(a)
Dedication to North Whitehall Township as public open space, if the Board of Supervisors agree, in writing, to such dedication and agree to maintain such land for public open space.
(b)
Dedication to the County of Lehigh as public open space, if the county government agrees, in writing, to such dedication and agrees to maintain such land for public open space.
(c)
Dedication to the Parkland School District if the school district agrees, in writing, to accept such dedication and to use and maintain the land for public school buildings and public open space.
(d)
Dedication to a homeowners' association as common open space that is not publicly owned, with the homeowners legally bound to ensure the maintenance and preservation of such land and with such homeowners' association being incorporated with covenants and bylaws providing for the filing of assessments and/or municipal liens for the nonpayment of maintenance costs for common open space that is not publicly owned.
[1]
Such responsibilities shall be specified as part of each deed prior to sale of each lot or dwelling unit. The Board of Supervisors may delay a dedication of maintenance responsibilities by a developer to a homeowners' association until such association is incorporated and able to maintain such land.
(e)
Dedication of the land itself or dedication of a permanent conservation and/or agricultural preservation easement to an established nature conservation organization acceptable to the Board of Supervisors. If the Board of Supervisors permits only an easement to be dedicated, then the Board of Supervisors may permit that such open space may remain privately owned within certain lot(s) that are larger than would otherwise be required.
(f)
Dedication of a permanent conservation and/or agricultural preservation easement to the Township, with such land remaining privately owned and part of individual lots. The Township may also require that duplicate easements be provided through agreements with both the Township and a nature conservation organization to provide increased assurance that the land will be preserved.
(2)
The Board of Supervisors shall only approve a development involving common open space if such Board determines that there will be an acceptable method to ensure permanent preservation of the required open space. Areas required to be preserved shall be preserved by an appropriate method (such as a homeowners' association agreement) in a legal form acceptable to the Board of Supervisors, based upon review by the Township Solicitor. The Board of Supervisors may require reasonable adjustments to such agreement based upon such review. See § 440-89B above.
(a)
See the definition of "open space, common" in § 440-30, which limits the types of land that can be used to meet common open space requirements.
(b)
Proper notations shall be required on the record plan such as a statement that the designated open spaces "shall not be subdivided and shall not be used for the construction of any buildings."
(3)
Township maintenance. North Whitehall Township shall be under no obligation to maintain any common open space under this section unless the Board of Supervisors specifically accepts such responsibility in writing. Any homeowners' association common open space agreement or conservation easement shall state that, at its option, the Board of Supervisors may require proper essential maintenance of such land, and if such work is not completed within a reasonable period of time, the Township may at its option complete such work and collect its costs from the responsible homeowners or organization.
(4)
Type of maintenance. Where the open space would not be dedicated to a governmental entity, the subdivision or land development plan shall state the intended type of maintenance of the open spaces. The following classes of use and maintenance may be used, or other classes that are clearly described within and approved as part of the plan submittal:
(a)
Lawn. A grass area with or without trees which may be used by the residents for a variety of purposes and which is intended to be mowed regularly.
(b)
Natural area. An area of attractive desirable natural vegetation that is primarily intended for passive recreation, with minimal maintenance. Noxious and poisonous weeds should be controlled. Planting of additional trees as appropriate and wildflowers is recommended.
(c)
Recreation area. An area designated for a specific recreation use, including but not limited to tennis, swimming, shuffleboard, playfields and/or children's play equipment. Such areas shall be maintained so as to be safe and appropriate for the intended use.
(5)
Legally binding documents providing for the ownership and maintenance of open space that is not approved for dedication to a governmental entity shall at a minimum include the following:
(a)
Requirements that the land be used for designated purposes.
(b)
Completion of proper maintenance in perpetuity for those portions of the open space requiring maintenance.
(c)
A legally binding process to ensure that property owners within the development are required to properly fund any needed maintenance and other expenses related to commonly owned land, such as taxes.
(6)
If a homeowners' association or similar organization is to be responsible for maintenance of open space, such organization at a minimum shall:
(a)
Be legally established prior to any dwelling units being built or sold within the development.
(b)
Require mandatory membership for each property owner.
(c)
Be responsible for liability insurance, taxes, recovery for loss sustained by casualty, condemnation or otherwise and the maintenance of recreational and other facilities for the open space.
(d)
Require members or beneficiaries to pay their pro rata share of the costs, with the assessments levied in a manner that they can be enforced through a lien on the property.
(e)
Provide for adjustments in the assessment to members or beneficiaries in order to meet changing conditions and costs.
(f)
Not be permitted to be dissolved nor to dispose of the open space by sale or otherwise, except if the Board of Supervisors preapprove the responsibilities and ownership of the open space being conveyed to another responsible entity.
(g)
Be restricted from selling or other utilizing such open space for construction of buildings, other than accessory buildings specifically approved as part of the development plans.
(7)
If the open space is to be dedicated to a governmental entity other than the Township, the applicant shall provide evidence that the following would be legally binding upon such entity:
(a)
That the land would be accessible to, and of benefit to, the general public, within the conditions of the development approval.
(b)
That there will be no cost to the Township for maintenance of the land.
(c)
That there will be continued maintenance in perpetuity for those portions of the open space requiring maintenance, and that the entity has the ability to fund such maintenance.
(d)
Such other terms and conditions as may be required by the Township.
§ 440-90 Construction of attached housing.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any construction of a new building involving three or more dwelling units that are attached in any way shall be constructed in compliance with the fire separation and emergency egress safety standards of the latest officially issued edition of the Uniform Construction Code.[1] Unless the Township has appointed an Official Building Inspector, the applicant shall provide a written signed statement after construction but prior to occupancy from an independent qualified building inspector experienced in enforcing the BOCA Code stating that such construction complies with such Code.
§ 440-91 Water service.
B.
Service areas.
(1)
Municipal ownership. If a water system is owned by a municipality other than North Whitehall Township or a municipal authority, then such municipality or municipal authority shall provide central water service only within the designated portion of North Whitehall Township as set forth in a currently effective written agreement, as amended, with North Whitehall Township.
(2)
Private ownership. If a water system is owned by a legal entity which meets the definition of "private ownership" under "water service" in § 440-30, then that legal entity shall provide water service only within the service area of that entity, as set forth in and authorized by the certificate of public convenience and necessity (or similar document) issued by the Pennsylvania Public Utility Commission (or successor agency).
C.
Measurement of distance. For the purposes of this § 440-91, distance shall be measured in linear feet, as follows:
(1)
Starting from the closest point of a water line or its terminus, and ending at the lot line nearest to the water line or its terminus.
(2)
The distance shall be measured along the shortest line between the starting and ending points, regardless of intervening lots and ownership.
(3)
For purposes of measuring distance, the water line shall include any of the following:
D.
Exemption. This § 440-91 shall not require existing industries and farms which have their own supply of water for uses other than human consumption, per the Second Class Township Code, 53 P.S. § 67603, to connect to a central water system.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
E.
Required water connections for new development. The following provisions shall apply to any subdivision (other than a simple lot line adjustment) and/or land development that is submitted for official approval under Chapter 375, Subdivision and Land Development, of this Code after the effective date of this § 440-91:
(1)
If the subdivision and/or land development will only result in one or two new dwelling units, then all new dwelling units within the proposed subdivision or land development shall be required to connect to the central water system if the distance from the nearest lot proposed to include a new dwelling unit is within 250 feet of distance from a water line.
(a)
An existing dwelling unit served by an existing well shall be required to connect to a central water system only if the distance from the lot containing such dwelling is 250 feet or less to a water line.
(2)
If a subdivision and/or land development will result in three to 10 dwelling units (inclusive, and including any previously existing dwelling unit), connection to the central water system is required for all new dwelling units within the proposed subdivision and/or land development if the distance from a water line to any lot proposed to contain a new dwelling unit is 1,000 feet or less.
(3)
If a subdivision and/or land development will result in 11 or more dwelling units (including any previously existing dwelling unit), connection to the central water system is required for all dwelling units within the proposed subdivision and/or land development if the distance from a water line to any lot proposed to contain a dwelling unit is 2,500 feet or less.
(4)
The number of lots to be included in determining the distance requirements for water connections shall include the total number of lots in any adjacent and previous subdivision which was submitted by the same applicant(s) for subdivision approval after the effective date of this § 440-91. The term "adjacent" shall include any portion of the subdivision which is contiguous with another existing subdivision, or is separated merely by a street or other strip of land not exceeding 100 feet in width.
(5)
For any subdivision and/or land development that is not regulated under the above § 440-91E(1), (2) or (3), and/or for any principal nonresidential nonagricultural building, connection to the central water system shall be required for all lots, regardless of distance to the water line, unless both of the following criteria are met:
(a)
The distance to the water line from some or all of the lots exceeds 2,500 feet; and
F.
Required water connections for existing uses and lots. Where North Whitehall Township, another municipality or a Municipal Authority extends water lines in a location that could reasonably serve an existing use and/or existing lot:
(1)
Existing dwelling unit(s) shall only be required to connect to such central water system if all of the following criteria are met:
(a)
The existing well no longer provides an adequate source of domestic water supply (because of contamination, loss of yield or structural impairment),;
(b)
The dwelling unit(s) is within the distances" from a water line as stated in the above § 440-91E; and
(c)
The Township provides written notice to the owner of record of the property, through the Township Engineer, Sewage Enforcement Officer, Board of Supervisors or Zoning and/or Code Enforcement Officer.
(2)
An existing undeveloped lot of record that was established prior to the adoption of subdivision regulations in North Whitehall Township shall be required to connect to a water line that is within 50 feet of the lot when a Township building or zoning permit is issued for a building or structure which involves water use, except as exempted by state law.
(3)
An existing undeveloped lot of record that was established after the adoption of subdivision regulations in North Whitehall Township shall only be required to connect to a water line when a Township building or zoning permit is issued for a building or structure which involves water use and when either of the following criteria exist:
§ 440-92 Comparable uses.
Where a particular use is proposed but fails to meet any of the enumerated uses in this chapter, the Zoning Officer has the discretion to select the most comparable use that is enumerated in order to determine ordinance requirements for such use.